New York Vehicle and Traffic Code § 415

Registration of manufacturers, dealers, repairmen and others
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§ 415. Registration of manufacturers, dealers, repairmen and others.\n1. Definitions. The following terms when used in this article, shall be\ndeemed to mean and include:\n  a. "Dealer" means a person engaged in the business of buying, selling\nor dealing in motor vehicles, motorcycles or trailers, other than mobile\nhomes or manufactured homes, at retail or wholesale; except, however,\ntrailers with an unladen weight of less than one thousand pounds. For\nthe purposes of this section, a "mobile home" or "manufactured home"\nmeans a mobile home or manufactured home as defined in section one\nhundred twenty-two-c of this chapter. Any person who sells, or offers\nfor sale more than five motor vehicles, motorcycles or trailers in any\ncalendar year or who displays or permits the display of three or more\nmotor vehicles, motorcycles or trailers for sale at any one time or\nwithin any one calendar month upon premises owned or controlled by him\nor her, if such vehicles were purchased, acquired or otherwise obtained\nby such person for the purpose of resale, will be regarded as a dealer.\nExcept as otherwise provided in subdivisions three, five, six-b, and\nseven of this section, the term "dealer" shall include a "new motor\nvehicle dealer" as defined by paragraph f of this subdivision and a\n"qualified dealer" as defined in paragraph g of this subdivision.\n  b. "Person" means any natural person, firm, corporation, partnership,\nlimited liability company, entity, joint venture, association or\norganization.\n  c. "Place of business" means a designated location at which the\nbusiness of the dealer is conducted, and, in relation to a retail\ndealer, facilities for displaying new or used motor vehicles.\n  d. "Retail dealer" means a dealer whose business consists in whole or\nin part of buying, selling or dealing in motor vehicles, motorcycles or\ntrailers at retail.\n  e. "Wholesale dealer" means a dealer whose business consists\nexclusively of buying, selling or dealing in motor vehicles, motorcycles\nor trailers at wholesale.\n  f. "New motor vehicle dealer" means a dealer who engages in the\nactivities described in paragraph a of this subdivision if such\nactivities relate to new motor vehicles and if such dealer is party to a\nfranchise, as the terms "new motor vehicle" and "franchise" are defined\nin section four hundred sixty-two of this title; provided, however, for\npurposes of this definition, a new motor vehicle shall include only\nthose motor vehicles commonly classified as a passenger automobile,\nsport utility vehicle, light truck, pickup truck, van, minivan, or\nsuburban, with a gross vehicle weight rating of ten thousand pounds or\nless, and shall not include (i) any such vehicle which has been\nconverted for use as a tow truck, or (ii) a motor vehicle for which the\ncurrent ownership document is a statement of acquisition issued pursuant\nto section four hundred twenty-nine of this title, a salvage\ncertificate, salvage certificate of title, nonrepairable certificate, or\nsimilar document issued by any state or jurisdiction; or (iii) any motor\nvehicle commonly classified as a bus, school bus, garbage truck, marine\ntrailer, tow truck, motorcycle, recreational vehicle, snowmobile,\ntrailer, mobile home or construction equipment; and provided further\nthat: (i) a dealer is a new motor vehicle dealer only with respect to\nthose vehicles which are of the same make as those which that dealer is\nauthorized to sell at that location pursuant to a valid franchise\nagreement; and (ii) a dealer is not acting as a new motor vehicle dealer\nwhen displaying, advertising, storing and/or demonstrating a new\nmobility vehicle.\n  g. "Qualified dealer" means a dealer, other than a new motor vehicle\ndealer or a dealer owned in whole or in part, directly or indirectly, by\na manufacturer, who:\n  (i) acting through a single person, but operating at one or more\nlocations of such single person, has displayed new motor vehicles for\nsal

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